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[Supplement]
[Updated to September 6, 2000]
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Contents |
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| Section | ||
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Restrictions on authority of a temporarysubstitute decision maker |
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Part 1 – Introductory Provisions
1 to 3 [In force.]
Part 2 – Consent to Health Care
4 to 13 [In force.]
14 (1) [In force.]
(2) However, if
(a) the adult or someone who is consulted under subsection (1) objects to the major health care or the decision about the adult's incapability, or
(b) the adult is not accompanied by a spouse, relative or friend,
the health care provider must arrange for an assessment, in accordance with the regulations, of whether or not the adult needs the proposed major health care and is incapable of giving, refusing or revoking consent to it.
(3) If an assessment under subsection (2) indicates that the adult needs the major health care and is incapable of giving, refusing or revoking consent to it, the health care provider may, subject to subsections (4) to (7), provide the health care if someone chosen under section 16 has authority to consent to the major health care and gives substitute consent.
(4) [In force.]
(5) In addition, the health care provider must notify a prescribed advocacy organization of the decision or assessment that the adult for whom the major health care is proposed is incapable, and of the other information listed in subsection (4) (a), if
(a) the adult objects to the major health care or the decision about the adult's incapability,
(b) the adult is not accompanied by a spouse, relative or friend,
(c) any spouse, relatives or friends accompanying the adult dispute among themselves about the major health care, or
(d) the adult's rights under this Act may be at risk.
(6) After notifying the prescribed advocacy organization, the health care provider must allow someone from the advocacy organization to, in private,
(a) inform the adult for whom the major health care is proposed about the right to a review, and
(b) receive the adult's directions.
(7) and (8) [In force.]
(9) A health care provider may notify the Public Guardian and Trustee if the health care provider believes that an adult who is incapable of giving, refusing or revoking consent needs major health care that is of a type that
(a) the adult's substitute decision maker, guardian or representative is not authorized to consent to, or
(b) someone chosen under section 16 is not authorized to consent to.
(10) On being notified under subsection (9), the Public Guardian and Trustee may apply to the court under the Adult Guardianship Act for
(a) the appointment of a substitute decision maker or guardian for the adult, or
(b) a change to an existing order appointing a substitute decision maker or guardian.
1993-48-14; 1999-25-11; B.C. Reg. 111/00.
15 and 16 [In force.]
17 (1) and (2) [In force.]
(3) Within the 21 day period, the person chosen under section 16 may apply to the court under the Adult Guardianship Act for an order appointing a substitute decision maker or guardian for the adult.
(4) If an application is made under the Adult Guardianship Act, the applicant's authority to give or refuse substitute consent under this Act extends beyond the 21 day period until a final order is made.
(5) to (8) [In force.]
1993-48-17.
18 (1) and (2) [In force.]
(3) If any person referred to in subsection (2) does not agree on any matter referred to in subsection (2) (a) or (b), that person or the Public Guardian and Trustee may apply under the Adult Guardianship Act for the appointment of a substitute decision maker or guardian for the adult.
1993-48-18; B.C. Reg. 111/00.
19 [In force.]
Part 3 – Admission to a Care Facility
20 (1) The operator of a care facility must not admit an adult to live in the facility unless the adult or a person authorized under section 22 has accepted a facility care proposal that includes information about
(a) the types and levels of care and the activities provided in the facility,
(b) the policies followed in the facility, and
(c) any other prescribed subject.
(2) The operator of the care facility must explain the facility care proposal to the adult.
(3) When explaining the facility care proposal, the operator of the care facility
(a) must communicate with the adult in a manner appropriate to the adult's skills and abilities, and
(b) may allow any spouse, relative or friend who accompanies the adult, or who offers assistance, to help the adult to understand or demonstrate an understanding of the proposal.
1993-48-20.
21 (1) A person authorized under subsection (2) may arrange for an assessment by a designated agency of whether an adult who has rejected a care facility proposal is incapable of making that decision, if the authorized person has reason to believe that
(a) the adult needs and would benefit from admission to the care facility mentioned in the facility care proposal, and
(b) the adult is incapable of deciding to reject the proposal.
(2) An assessment under subsection (1) may be arranged by one of the following persons:
(a) a substitute decision maker, guardian or representative who is authorized to make decisions about the adult's personal care;
(b) the adult's spouse;
(c) a relative referred to in section 22 (2) (b) to (e);
(d) the adult's medical practitioner;
(e) the Public Guardian and Trustee, if no one else is available.
(3) In assessing whether the adult is incapable of deciding to reject the facility care proposal, the designated agency must
(a) comply with the regulations governing assessments, and
(b) consider whether the adult demonstrates that he or she understands the facility care proposal, and the reason for admission to the care facility.
1993-48-21; B.C. Reg. 111/00.
22 (1) If the designated agency decides that the adult is incapable of rejecting the facility care proposal, a substitute decision maker, guardian or representative who has authority to do so may accept or reject the proposal.
(2) If the adult has no substitute decision maker, guardian or representative with authority to accept a facility care proposal, the first, in listed order, of the following who is available and who qualifies under subsection (3) may accept or reject the proposal:
(a) the adult's spouse;
(b) the adult's child;
(c) the adult's parent;
(d) the adult's brother or sister;
(e) anyone else related by birth or adoption to the adult.
(3) To qualify to accept or reject a facility care proposal, a person must
(a) be at least 19 years of age,
(b) have been in contact with the adult during the preceding 12 months,
(c) have no dispute with the adult, and
(d) be capable of accepting or rejecting the proposal.
(4) Before accepting or rejecting the facility care proposal, a person authorized under this section must
(a) consult, to the greatest extent possible, with the adult and with any spouse, friend or relative of the adult who asks to assist, and
(b) decide to accept or reject the proposal, in the adult's best interests.
(5) In deciding whether the facility care proposal is in the adult's best interests, the person authorized under this section must consider
(a) the adult's current wishes, values and beliefs,
(b) whether the adult would benefit from admission to a care facility, and
(c) whether a less restrictive type of care facility would be as beneficial to the adult as the proposed care facility.
(6) If no one listed in subsection (2) is available or qualifies under subsection (3) or if there is a dispute about who is entitled to accept or reject the facility care proposal, the Public Guardian and Trustee may
(a) accept the proposal, or
(b) apply to the court under Part 2 of the Adult Guardianship Act.
(7) A person who is authorized to accept or reject a facility care proposal has the right to all the information necessary to make an informed decision and section 17 (7) and (8) applies.
1993-48-22; B.C. Reg. 111/00.
23 (1) If an adult is admitted to a care facility after a facility care proposal is accepted for the adult under section 22, the operator of the care facility must notify the following of the admission:
(a) the adult's spouse, or a relative or friend of the adult, if known to the operator;
(b) the adult's medical practitioner;
(c) the adult's substitute decision maker, guardian or representative.
(2) The notice of admission must be in the prescribed form and must be delivered within 72 hours after the adult's admission to the care facility.
(3) The operator of the care facility must notify a prescribed advocacy organization of the adult's admission if
(a) the adult objects to the admission,
(b) any spouse, relatives or friends accompanying the adult dispute among themselves about the admission,
(c) the adult has no spouse, relatives or friends and has been admitted by the Public Guardian and Trustee under section 22 (6), or
(d) the operator has reason to believe that the adult's rights under this Act may be at risk.
(4) After notifying the prescribed advocacy organization, the operator of the care facility must allow someone from the prescribed advocacy organization to, in private,
(a) inform the adult who has been admitted about the right to a review, and
(b) receive the adult's directions.
1993-48-23; B.C. Reg. 111/00.
24 A person who is authorized under section 22 to accept or reject a facility care proposal for an adult is not authorized to give or refuse consent to health care for the adult unless that person is authorized under Part 2 of this Act.
1993-48-24.
25 (1) The operator of a care facility must not restrain, by physical, chemical or other means, the freedom of movement of an adult who is living in the facility unless
(a) all alternatives have been exhausted,
(b) the restraint is as minimal as possible,
(c) the restraint has been approved by a person authorized under section 22 (1), (2) or (6) and by a medical practitioner whose approval is based on the opinion of another health care provider, and
(d) the necessity for the restraint is periodically reassessed in accordance with the regulations.
(2) A person authorized under section 22 (1), (2) or (6) may approve a decision to restrain the adult's freedom of movement if
(a) the person consults, to the greatest extent possible, with the adult and with any spouse, relative or friend of the adult who asks to assist, and
(b) the decision is in the adult's best interests or for the protection of others.
(3) The operator of a care facility may restrain the adult's freedom of movement, even though the restraint is not approved under subsection (1) (c), if
(a) the restraint is necessary to preserve the adult's life or to prevent serious physical harm to the adult or others,
(b) the adult is restrained for no longer than necessary and, at the most, for no longer than 72 hours,
(c) a health care provider reassesses the necessity for the restraint at least every 8 hours, and
(d) the operator ensures that the adult's comfort and safety is monitored in accordance with the regulations.
(4) If the adult is restrained under this section, the operator of the care facility must
(a) notify, in the prescribed form, any person who accepted a facility care proposal for the adult, and
(b) record the restraint in accordance with the regulations.
1993-48-25.
26 (1) An adult who has been admitted to live in a care facility has the right to move out of the facility unless he or she is incapable of making that decision.
(2) The adult's substitute decision maker, guardian or representative or the person who accepted the facility care proposal for the adult may remove the adult from the care facility if
(a) the adult is incapable of making the decision to move out of the facility, and
(b) removing the adult from the facility is in the adult's best interests.
1993-48-26.
27 [In force.]
28 (1) [Words in force.]
(a) a decision that the adult to whom health care is provided or for whom health care is proposed is incapable of giving, refusing or revoking consent to health care,
(b) a decision to choose a particular person under section 16 to give, refuse or revoke substitute consent to health care,
(c) [In force.]
(d) a decision that an adult is incapable of rejecting a facility care proposal,
(e) a decision to accept or reject a facility care proposal,
(f) a decision to restrain an adult's freedom of movement within a care facility, or
(g) a decision that an adult is incapable of deciding to move out of a care facility.
(2) [Words in force.]
(a) [In force.]
(b) an adult who is living in a care facility or for whom a care facility is proposed;
(c) to (f) [In force.]
(3) A request for a review made under subsection (1) (a) must be accompanied by the report of an assessment arranged under section 14 (2).
(4) [Repealed 1999-25-15.]
(5) and (6) [In force.]
(7) [Words in force.]
(a) [In force.]
(b) [Words in force.]
(i) [In force.]
(ii) who is living in the care facility or for whom a care facility is proposed, and
(c) [In force.]
1993-48-28; 1999-25-15.
29 (1) to (3) [In force.]
(4) [Words in force.]
(a) [In force.]
(b) an adult who is living in a care facility or for whom a care facility is proposed.
(5) to (9) [In force.]
1993-48-29.
30 [In force.]
31 (1) In addition to its powers and duties with respect to reviews, the board may, if requested, give advice or directions on the following:
(a) the scope of a person's authority under this Act;
(b) whether health care is major health care or minor health care;
(c) whether health care is of a type that someone chosen under section 16 is authorized to consent to;
(d) whether health care is of a type that a representative is authorized to give or refuse consent to;
(e) whether it is appropriate to refuse substitute consent under section 18 (2) to health care necessary to preserve life;
(f) any other matter relating to the provision of health care to an adult who is incapable of giving, refusing or revoking consent.
(2) Any of the following may request advice or directions from the board:
(a) a health care provider;
(b) a substitute decision maker;
(c) a guardian;
(d) a representative;
(e) a person chosen under section 16;
(f) the Public Guardian and Trustee.
(3) The request for advice or directions must be in writing and must be delivered to the board.
1993-48-31; 1999-25-16, 17; B.C. Reg. 111/00.
32 [In force.]
33 (1) [In force.]
(2) [Words in force.]
(a) and (b) [In force.]
(c) someone's authority to accept or reject a facility care proposal,
[Words in force.]
1993-48-33.
34 (1) [In force.]
(2) [In force.]
(a) to (i) [In force.]
(j) [Repealed 1999-25-18.]
(k) to (l) [In force.]
1998-48-34; 1999-25-18.
35 [In force.]
36 This Act comes into force by regulation of the Lieutenant Governor in Council.
1993-48-40.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada